Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD
Office of the Provincial Adjudicator
City of Malolos, Bulacan
Branch II

FLORENCIO BERNABE and

PEDRO BERNABE
Complainants,

-versus- DARAB CASE NO.

R-03-02-
0220’2022

For: Ejectment

ROMEO SANTOS
and all persons claiming rights under
him,
Respondents,

x-----------------------x

OPPOSITION

RESPONDENTS, unto the Honorable Board, most respectfully aver

the following opposition to the complaint:

1. Paragraphs 1 and 2 of the complaint are admitted;

2. Paragraph 3 of the complaint is denied, the heir of Gil P. Bernabe

known to the respondents is Bernard Bernabe;

3. Paragraph 4 of the complaint is admitted;

4. Paragraph 5 of the complaint is admitted with qualification that
after 4 years from the execution of the abovementioned agreement,
the respondents were ejected by a person claiming to be the
nephew of Gil Bernabe some portion of the subject landholding
and the respondent were forced to move and to cultivate the other
portion of the subject landholding.

5. Paragraph 6 of the complaint is admitted;

6. Paragraph 7 of the complaint is admitted;

7. Paragraph 8 of the complaint is denied;

8. Paragraph 9 of the complaint is admitted;

9. Paragraphs 10 and 11 of the complaint are denied for lack of

knowledge or information to form a belief as to the veracity and
falsity thereof;

10. Paragraph 12 of the complaint is admitted with qualification that

there is no longer bamboo plant as shown in Annex “F” to “F-5” of
the complaint because the same has been harvested. However,
there are still bamboo plants planted on some parts of the subject
landholding.

11. Paragraph 13 of the complaint is denied, the mango trees were

uprooted after the area was devastated by typhoon Ulysses and in
order to utilize the uprooted mango trees, some of the trunks are
used as materials for the repair of the respondent’s kubo and the
branches were used as firewood and some were given to their
neighbors.

12. Paragraph 14 of the complaint is admitted;

13. Paragraph 15 of the complaint is denied, the respondent never

engage in charcoal making activities.
14. Paragraph 16 of the complaint is admitted, as a resident of
Barangay Baraka, the respondent must comply with the notice
issued by the said Barangay.

15. Paragraph 17 is denied.

16. Paragraph 18 is denied, the campsite is located along the river

banks not part of the subject landholding and activities offered by
the respondents are conducted on the river itself and the tours are
made to areas not within the subject landholding.

17. Paragraph 19 is admitted with qualification, the complaint for

Maintenance of Peaceful Possession filed by the respondents with
Case No. R-03-02-0587’21 to 0589’21 which is now pending
before this Honorable Board is only for the purpose of enforcing
the respondent’s right to security of tenure as a tenant. As a matter
of fact, the respondent is willing to negotiate with the land owner
with regards to the disturbance compensation in case the latter
decides to personally cultivate the subject landholding.

18. Paragraphs 20 and 21 are denied.

DEFENSES

1. The respondent is the tenant of the subject landholding and

recognized by the landowner Gil P. Bernabe, as shown in an
agreement titled Kasunduan sa Kawayan dated 15 August, 1995;

Copy of the Kasunduan sa Kawayan is herewith attached as

Annex “1”

2. The tenancy relationship is also shown in a Kasunduan executed by

Gil P. Bernabe dated 11 January 2010 where the latter received
advanced payment of lease rentals from the respondent.

Copy of the Kasunduan sa Kawayan is herewith attached as

Annex “1”
 3. Upon the demise of Gil P. Bernabe, the respondent continued to
deliver lease rentals to the wife of Gil Bernabe but the letter
rejected the same which opt the respondent to deposit the lease
rentals with the Farmers Saving and Loan Bank, Inc for year 2013
to 2020.

Copy of the Bank Book is herewith attached as Annex “2”

4. Being the tenant, the respondent is entitled to security of tenure.

5. Assuming arguendo that the complainants are heirs of the late Gil
P. Bernabe, the former are bound to respect the leasehold relation
between the respondent and Gil P. Bernabe notwithstanding the
transfer of ownership of the subject landholding.

5. Security of tenure is a legal concession to agricultural lessees which

they value as life itself and deprivation of their land holdings is
tantamount to deprivation of their only means of livelihood.
Perforce, the termination of the leasehold relationship can take
place only for causes provided by law.1

6. The allegation of the complainant that the respondents have been

using the subject landholding for a purpose other than what had
been previously agreed upon is false and misleading for the reason
that the “campsite” is established in an area outside of the subject
landholding and;

7. The respondent never engaged in charcoal making activity nor

proven by the respondent.

Photos showing the location of the “campsite” and the uprooted

mango trees are herewith attached as Annex “

PRAYER

In view of the foregoing, the undersigned prays before the

Honorable Board to order the complainant to uphold the respondent
1
De Romero vs. C.A.
 tenant’s right to security of tenure and peaceful possession and
enjoyment of the subject landholding.

Other reliefs just and equitable under the premises are likewise
being prayed for.

May , 2022, Baliuag for Malolos City, Bulacan

Submitted by: BUREAU OF AGRARIAN LEGAL

ASSISTANCE-DARPO BULACAN

By:

SALVADOR P. RAMOS
Attorney V, Chief Legal Division
Roll No. 49719
IBP No. 202171 02/24/22-23 Bulacan Chapter
MCLE Comp. No. VIII 0001619 11/20/2019
E-mail: office365chief.legalbulacan@dar.gov.ph
NIKKO FRANCHELLO J. SANTOS
Legal Officer I
Legal Assistance Division-DAR Provincial Office
B.S. Aquino Avenue, Bagong Nayon
Baliuag, Bulacan

THE CLERK OF THE BOARD

Department of Agrarian Reform
Adjudication Board
Region III
Malolos, Bulacan

Greetings!

Please submit the foregoing OPPOSITION, for the resolution of the

Honorable Board, sans oral arguments.
 NIKKO FRANCHELLO J. SANTOS

COPY FURNISHED:

Florencio C. Bernabe and

Pedro C. Bernabe
195 Poblacion, Minuyan, Norzagaray,
Bulacan
And L15, B14, Ph-O F. Homes Narra, City
of San Jose Del Monte,Bulacan

Maricris A. Tagle-Montero
Counsel for the complainants
Lot 56, Blk. 1, Sampaguita Drive, Maligaya
Park Subd. Novaliches, Quezon City, Metro
Manila

EXPLANATION

Copy of the foregoing motion was sent to the other parties via accredited
courier because of the distance and lack of messengerial personnel to effect
personal service.

NIKKO FRANCHELLO J. SANTOS

 VERIFICATION

Republic of the Philippines )

Baliuag, Bulacan ) s.s.

I, ROMEO SANTOS, of legal age, Filipino and resident of

Norzagaray, Bulacan, after having been sworn to in accordance with law, do
hereby depose and state that:

1. I am the respondent in the above-entitled case;

2. I caused the preparation and filing of the foregoing answer;

3. I have read and understood the contents thereof, to the best of my

own personal knowledge and belief, all the allegations therein are true and
correct and based on authentic records.

4. The pleading is not filed to harass, cause unnecessary delay, or

needlessly increase the cost of litigation; and
 5. The factual allegations therein have evidentiary support or, if
specifically so identified, will likewise have evidentiary support after a
reasonable opportunity for discovery.

ROMEO SANTOS
Affiant

SUBSCRIBED and SWORN to before me this day

of May 2021, in Baliuag, Bulacan. Affiant exhibiting to me their proof of
identity.

Doc No. NOTARY PUBLIC

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Series of 2022